HomeMy WebLinkAbout03-15-2005 CCMLAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 1
MINUTES APPROVED: APRIL 5, 2005
LAKE ELMO CITY COUNCIL MINUTES
MARCH 15, 2005 1. AGENDA 2. MINUTES: MARCH 1, 2005
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. St. Croix Valley Community Family Center:Select representative to
guidance committee and authorize $2,000 donation:Resolution No. 2005-024 B. Appointment to Community Improvement Commission
4. CONSENT AGENDA:
A. Resolution No. 2005-021:Approving Claims
B. Authorization for Professional Services:GIS Mapping of the Surface Water System and Sanitary Sewer System C. Authorization for Professional Services: Construction Details and
Engineering Design Standard Update
D. Next Genesis Contract
(1) Website Redesign (2) DSL Service (3) Monthly Maintenance Service
E. Resolution No. 2005-022:Worker’s Compensation
F. Ordinance 97-150:Relating to Waiving Water Surface Use Regulations
5. FINANCE: A. Monthly Operating Report
6. NEW BUSINESS:
A. Ordinance No. 97-151:Relating to Dogs (Adoption postponed)
B. Appointments to Regional Park Comprehensive Planning Committee
7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Building Department Activities: Jim McNamara
8. CITY ENGNIEER’S REPORT
A. Ordinance No. 97-152:Installation of Stop Sign at the Intersection of
Highlands Trail and Hilltop Avenue
9. PLANNING, LAND USE & ZONING: A. Preliminary Plat, Comprehensive Plan Amendment Rezoning, Conditional
Use permit and OP Concept Plan – Deer Glen:Resolution No. 2005-027
through Resolution No. 2005-032
B. Minor Subdivision/Site Plan and Zoning Variance, Amendment to the
Development Moratorium, Public Hearing:Vacation of drainage easements – Lynsky (Brookman 3rd Addition),Resolution No. 2005-025,
Resolution No. 2005-026,Ordinance No. 97-153
C. Conditional Use Permit, Variance and Section 520 Site plan – City of
Lake Elmo
D. Fields of St. Croix II/Little Blue Stem – Developer Improvements E. Resolution No. 2005-023:Capital Improvements Program Amendment –
Street Improvements
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 2
10. CITY ATTORNEY’S REPORT:
A. Sunfish Lake Park Legal
11. CITY ADMINISTRATOR’S REPORT
12. CITY COUNCIL REPORTS:
Mayor Johnston called the Council meeting to order at 7:00 p.m. in the City Council
Chambers: PRESENT: Johnston, Conlin, Smith, Johnson, DeLapp, City Engineer Prew,
Planner Dillerud, Building Official Jim McNamara, City Attorney Filla, Finance Director
Tom Bouthilet and Administrator Rafferty
1. AGENDA M/S/P DeLapp/Johnson - to approve the March 15, 2005 City Council agenda, as
amended. (Motion passed 5-0).
2. MINUTES: MARCH 1, 2005
M/S/P Johnson/Conlin - to approve the March 1, 2005 City Council minutes, as amended.
(Motion passed 5-0).
3. PUBLIC INQUIRIES/INFORMATIONAL: A. St. Croix Valley Community Family Center:Select representative to
guidance committee and authorize $2,000 donation:Resolution No. 2005-
024
The Partners of the St. Croix Valley Area Community Family Center are requesting the support of a one-time financial contribution for the Project Coordinator position and
would like to have a volunteer to serve on the guiding team. Mayor Johnston said he
would volunteer to serve on the team and bring information back to the city in a timely
manner.
M/S/P Johnson/Smith - to adopt Resolution No. 2005-024, A Resolution by the Partners
of the St. Croix Valley Area Community Family Center Supporting a one-time Financial
Contribution of $2,000 for the Position of a Project Coordinator and name Mayor
Johnston to serve on the guiding team. (Motion passed 4-1: DeLapp: The city has a past
record of dealing with such requests by placing donation requests on the website. Money is not in our budget.)
B. Appointment to Community Improvement Commission
The Community Improvement Commission consists of seven members. If Deborah Lyzengas’s resigns because of her appointment to the Planning Commission, this will
create two vacancies on the Community Improvement Commission. The City has
received an application form Gloria Knoblauch.
M/S/P Smith/Conlin - to appoint Gloria Knoblauch to the Community Improvement Commission. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 3
4. CONSENT AGENDA:
A. Resolution No. 2005-021:Approving Claims
M/S/P Johnson/DeLapp - to adopt Resolution No. 2005-021, approving claim numbers 245, 246, 247, DD363 through DD372, 26999 through 27005, which were used for staff payroll dated March 3, 2005,claims 27006 through 27059, in the total amount of
$68,659.52. (Motion passed 5-0).
B. Authorization for Professional Services:GIS Mapping of the Surface Water System and Sanitary Sewer System
M/S/P Johnson/DeLapp - to approve the authorization for Professional Services from
TKDA for the GIS Mapping of the Surface Water System and Sanitary Sewer System in
the amount of $32,000. (Motion passed 5-0).
C. Authorization for Professional Services: Construction Details and
Engineering Design Standard Update
M/S/P Johnson/DeLapp - to approve authorization for Professional Services from TKDA for the Construction Details and Engineering Design Standard Update in the amount of
$5,000. (Motion passed 5-0).
D. Next Genesis Contract
(1) Website Redesign
The Finance Director reported that the city’s current website was designed as a start-up
program for the purpose of disseminating information to the residents. Next Genesis has
provided a proposal in the amount of $12,380.63 that entails the complete redesign and
requires little time from staff. The primary goal is to make the site more "user friendly" and to improve the overall appearance. The Council Finance Committee reviewed this
proposal and recommended approval of the web-site redesign.
M/S/P Johnson/DeLapp - to approve the Next Genesis proposal for web-site redesign in
the amount of $12,380.63 per the recommendation of the Council Finance Committee. (Motion passed 5-0).
(2) DSL Service
The Finance Director reported the city receives its existing internet service through Comcast Cable Company at no charge, but the city is continually interrupted in accessing
the internet due to Comcast frequent changes to the Internet Protocol (IP) address. Next
Genesis has submitted a proposal to provide DSL service at a $253.88 start-up cost and
$90 per month thereafter. The Council Finance Committee reviewed this proposal and
recommended approval of this service.
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 4
M/S/P Johnson/DeLapp - to approve the Next Genesis proposal for DSL service in the
amount of a $253.88 start-up cost and $90 per month thereafter per the recommendation
of the Council Finance Committee. (Motion passed 5-0)
(3) Monthly Maintenance Service
The Finance Director reported in 2004 the cost for Management Information Systems
(MIS) support services cost the city approximately $1080.00/month. Next Genesis has
submitted a proposal for monthly support services for $900/month which will enable the city to lock into a constant rate for at least a year and will assist in calculating expenses in
future budgets. The Council Finance Committee has reviewed this proposal and has
recommended approval.
M/S/P Johnson/DeLapp - to approve the Next Genesis Proposal for Monthly Maintenance Services in the amount of $900.00/month per the recommendation of the
Council Finance Committee. (Motion passed 5-0).
E. Resolution No. 2005-022:Worker’s Compensation
The Finance Director reported that Minnesota Statute 176.011 subd 9, (5) provides that “municipal officers elected or appointed for a regular term of office” are considered to be
“employees” for workers’ compensation purposes only if the city has passed a resolution
to that effect. This would provide coverage for elected officials injured while performing
his or her duties. The total premium for all elected officials in 2005 will be $71.00. M/S/P Johnson/DeLapp - to adopt Resolution No. 2005-022 regarding workers’
compensation coverage for all elected officials at a cost of $71.00 for all elected officials
in 2005. (Motion passed 5-0).
F. Ordinance 97-150:Relating to Waiving Water Surface Use Regulations
At the March 1st meeting, Joe Kiesling, Tri lakes Association, requested Council approval
of a Water Surface Use Permit for the Annual Water Ski Show on Lake Jane. Mr.
Kiesling also requested a waiver from the Water Surface Use Regulations for this event.
Attorney Filla advised that the municipal code would have to be amended in order for the City to permit a temporary suspension of the rules. A draft Ordinance waiving the Water
Surface Use regulations by authorizing a special permit was submitted for Council
approval.
M/S/P Johnson/DeLapp - to adopt Ordinance No. 97-150, An Ordinance Relating to Water Surface Use Regulations of the Municipal Code. (Motion passed 5-0).
5. FINANCE:
A. Monthly Operating Report INFORMATIONAL
The Finance Director reported the City is on-track with all of our expenditures.
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 5
6. NEW BUSINESS: A. Ordinance No. 97-151:Relating to Dogs
At the Public Health and Safety Council Committee, the committee recommended the
modifications to the animal control ordinance prepared by the Community Improvement Commission. This issue has been studied by the CIC for a number of months, has gone to Council for action and referred back to the PH&S Committee for final review. In the
proposed ordinance; if any owner is not at home a dog may not be secured by an invisible
fence.
Lake Elmo resident Jeanette Behr pointed out that the consequences for dogs that are found loose are already established in the ordinance. If you leave home with your dog in
the invisible fence, you have already violated the proposed ordinance. Ms. Behr noted
that the ordinance needs to be fine tuned because it does not give enough definition of
owner at home and places the animal control officer in an uncomfortable and difficult situation. She suggested that “invisible fencing” be changed to “underground pet containment system” because invisible fencing is a trademark. Ms. Behr volunteered to
assist in amending the ordinance.
Lake Elmo resident Linda Wagner said she has had an invisible fence since 1994 so will these fences be grandfathered in. She asked if this was a city-wide issue. If the dog is at large, cite the dog as at large and use the 3 strike rule. Mayor Johnston responded that the
Council discussed the 3-strike system and it became too complicated to work with.
Council member Johnson didn’t think the amendment was warranted based on the ACO report that only four dogs wearing the collars picked up both in 2003 and 2004. Johnson said if a dog is at large, it’s at large and we have a system in place to handle that. Both
Johnson and Lake Elmo resident Bret Emmons indicated the ordinance was penalizing
individuals using an underground system and who have done good work in following
through with training. Council member Smith said the Animal Control Officer lives 25 miles away and doesn’t
always get here in time to see the dog out. Council member Johnson responded that if
the problem is response time may be we should look at who we are using for animal
control. Attorney Filla agreed that the amendment lacked clear language as to the definition of
owner at home and as to enforcement.
M/S/P Smith/Johnston - to table Ordinance No. 97-151, An Ordinance Relating to Confinement of Dogs for clarification by staff for the definition of owner at home, enforcement if an animal is not properly confined and change the name of invisible
fencing to underground pet containment system and bring this ordinance back to the
council committee for review. (Motion passed 5-0).
Council member DeLapp suggested, once the ordinance has been adopted, request the Animal Control Officer report back in a year on how effective this ordinance.
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 6
B. Appointments to Regional Park Comprehensive Planning Committee
Jim Lugar, Director for the Regional Park, met with the city administrator to discuss the need to develop a new comprehensive plan for the park. He asked that the City appoint two committee representatives so the City’s interest would be represented. Three
individuals agreed to participate should the Council decide to select them for this
purpose, Sue Dunn, Margaret Carlson and Bob Schumacher.
M/S/P Johnson/Conlin - to appoint Margaret Carlson and Bob Schumacher, with Susan Dunn as backup as committee representatives to the Regional Park Comprehensive
Planning Committee. (Motion passed 5-0).
7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Building Department Activities: Jim McNamara
The Building Official reported there were no residential or commercial building permits
issued in the month of February. He will be attending a radon seminar presented by the
State of MN next week.
8. CITY ENGINEER’S REPORT A. Ordinance No. 97-152:Installation of Stop Sign at the Intersection of
Highlands Trail and Hilltop Avenue
The City Engineer and Public Works Supervisor reviewed the request for a stop sign on west bound Highland Trail at Hilltop Avenue. They recommended a stop sign be
installed due to the limited sight distance due to surrounding landscaping and the
topography. At the March 8th Council Committee workshop, the Council asked staff to
invite surrounding property owners for their input.
Mike Moss said he was not opposed to the stop sign, but caution neighbors it could be
creating more of a hazard because it is a false sense of safety for children. He has seen
drivers, who are residents, drive down the hill very fast. Maybe it should be a 3-way stop
and install speed bumps.
Dave Bendel said he petitioned for the stop sign for safety reasons. He has three children
and worries about their safety because he himself has been close to getting hit at least six
times.
Council member Johnson noted the stop sign may help provide accountability and
enforceability.
M/S/P Johnson/Smith - to adopt Ordinance No. 97-152, Approving Installation of a Stop
Sign at the Intersection of Highlands Trail and Hilltop Avenue. (Motion passed 5-0)
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 7
9. PLANNING, LAND USE & ZONING: A. Preliminary Plat, Comprehensive Plan Amendment, Rezoning,
Conditional Use permit and OP Concept Plan – Deer Glen:Resolution No.
2005-027 – Resolution No. 2005-033 (Adoption of Resolutions Postponed)
The City Planner reported the Planning Commission adopted a recommendation to deny
all of the subject multiple applications for the platting of 108 acres, an Op Concept Plan
covering 40+ acres; a Comprehensive Plan Amendment (from RAD to PF) for 20 acres; and rezoning (from RR to PF) for 20 acres, and a Conditional use Permit for a 52,000
sq.ft. church facility on the 20 acre site. No action was taken regarding the church
Section 520 Site Plan pending Council action on the precedent applications.
Chuck Palmer, Lakewood Evangelical Free Church, stated this plan fits in the future direction of Lake Elmo. The church traffic will have a minimal impact except for
weekends when church is in session. He would like to work with the city and MnDOT to
resolve any problems.
Jim Arkell stated he is a Lake Elmo resident who attends this church and had served on the Planning Commission when they worked on the 1990 comp plan. Then the
Commission realized it didn’t have an ordinance that would deal with churches. This is a
perfect transition buffer moving south from a major highway.
Paul Danielson, Consulting Engineer, Kimley-Horn & Associates, reported this is the best site for the church in this 108 acre site which is in the middle on higher ground with
buffers from other potential developments. They have modified the plan for a buffer on
the west side, wetlands on north side and a small wetland throughout the site. There is no
wetland litigation proposed. He said he spent time with the VBWD in how to deal with
water quality and storm water management plan and have obtained a permit from the VBWD. The roadway avoids the wetlands and follows contours as much as possible to
minimize tree impact. There are various areas that don’t drain out and have flood storage
issues. Outlot B is slightly less than 10 acres and will be adjusted to ensure that the
proposed Outlot B is a minimum of 10 acres in the Preliminary Plat.
Craig Peterson, BWBR, said the building would be rising from the landscape without
screaming for attention and nestled into the landscape with building materials of natural
colors. It will be welcoming and inviting reflecting the personality of the church.
Mayor Johnston asked the council to deal with all development applications separately.
Preliminary Plat:
The City received a letter stating the applicant would be willing to correct Outlot B that is
substandard. Attorney Filla noted the Council is addressing the preliminary plat
illustrated on preplat drawing, prepared by Kimley-Horn & Associates, Inc, dated February 7, 2005 which would create Lot 1, Block 1 and Outlots A, B, C and Deer Glen. If the Council should approve the preliminary plat, it should be subject to: 1) Outlot B is
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 8
a minimum of ten acres, 2) Lot lines adjusted to ensure that Outlot D is a minimum of 10
acres or combined with proposed Lot 1, Block 1, and 3) If the open space development
concept for proposed Outlot A is approved, it’s use shall be restricted so that it can only
be used in conjunction with the proposed open space project on Outlot A. Peter Beck, attorney for the applicant, explained Outlot D is a dedicated open space
development concept plan. It is not intended to be a buildable parcel because it is
dedicated open space. There will be a condition in Preliminary Plat approval that places
this in dedicated open space. M/S/ Johnson/Conlin – to direct the City Attorney to draft a resolution approving the
preliminary plat subject to the conditions stated by Attorney Filla.
Council member DeLapp stated the applicant has exempted the road and asked for the same rights the others have been given.
Open Space Preservation Plan
The City Planner explained the Planning Commission indicated the concept plan is
inconsistent with the Lake Elmo Comprehensive Plan Environmental Protection policies regarding residential developments conforming to the limitations presented by natural
features including natural drainage systems, by proposing significant modifications of
natural grades and existing floodplain on the site.
The City Planner stated it is a subjective call regarding how much floodplain can be filled or moved around. The Planning Commission thought it was significant enough to deny.
The engineer for the church responded there is no impact on the jurisdictional wetlands.
The soils are not conducive to create wetlands.
The open space development plan proposes significant modifications to natural grade and to existing floodplains on the applicant’s property and is inconsistent with the City’s
Comprehensive Plan Environmental Protection policy. The plan is inconsistent with the
purpose of the City’s Open Space Preservation Ordinance because it proposes to
significantly alter the natural drainage feature of the site.
Comprehensive Plan Change for the 20 acres for the Church
Mayor Johnston said he did not see the justification to change the City’s Comprehensive
Plan from RAD to PF. The Council reviewed the current comprehensive plan land use
designation for this property and decided the current land use designations continue to
reflect the Council’s vision plan for development of land in this section of the city. The current comp plan land use designations will not require modifications as a result of the settlement between the City and the Met Council.
Attorney Filla indicated the Council may want to consider the Comprehensive Plan
changes required as a result of its settlement with the Metropolitan Council before it re-evaluates comp plan designations for specific areas of the City which should known by May.
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 9
Rezoning from and RR Designation to a PF Designation
Mayor Johnston noted that the hardship does not exist for a rezoning and there is a
reasonable use of land under the current zoning. Attorney Filla pointed out that the rezoning would not be consistent with the City’s 1990 Comp Plan, the City approved 2000 Comp Plan and with any changes to the City approved 2000 Comp Plan as a result
of the agreement between the city and the Met Council.
Conditional Use Permit The City Planner explained based on the traffic study the traffic generated by the
proposed development would create traffic congestion at the intersection of Keats
Avenue and Highway 36. Mr. Danielson reported that Mn/DOT said that this
development would not create any unsatisfactory problem on Hwy 36, but does present
delays on Keats approaching Hwy 36. There would be a minimal impact on the intersection except on weekends. Danielson said MnDOT would say the 3-corner
intersection could be in now. The church is willing to spend $150,000 to improve this
intersection.
The requested Conditional Use Permit for proposed Lot 1, Block 1 would allow development that is not consistent with the current zoning for the applicant’s property
and because of the traffic generated by the proposed development would create serious
traffic congestion at Keats Avenue and Hwy 36.
Attorney Filla will draft a resolution incorporating Council direction. The council recommended denial of the comprehensive plan amendment and the rezoning from RR to
a PF designation so the use will be denied because it is not consistent with the zoning.
M/S/P Conlin/Johnson - to table the development applications for the Lakewood
Evangelical Free Church until the April 5th Council meeting where resolutions will be provided for council approval. (Motion passed 5-0.)
B. Minor Subdivision/Site Plan and Zoning Variance, Amendment to the
Development Moratorium, Public Hearing:Vacation of drainage
easements – Lynsky (Brookman 3rd Addition),Resolution No. 2005-025, Resolution No. 2005-026, Ordinance No. 97-153
Planner Dillerud reported the Planning Commission adopted a recommendation for denial
of the applications for Minor Subdivision and Section 520 Site Plan that are proposed by
the applicant to allow construction of a 10,000 sq.ft. office building on 39th Street North. Prior to the Commission’s vote on the motion, the Chair offered the applicant’s
representative an opportunity to waive the 60 day city review window to allow time to
process the variance issue, but that offer was declined. Dillerud noted that subsequent to
February 14 one of the partners of the project formally requested the 60 day review
waiver, and a variance application will be heard by the Planning Commission on March 14, 2005. Staff committed to the applicant to bring the applications to the Council on
March 15, along with the Planning Commission recommendation on the variance.
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 10
The Planner asked Council action on 1.) Moratorium; 2.) Site Plan; 3.) Variance; 4.)
Minor Subdivision, and 5.) Hearing and Easement Vacation. A Resolution denying the
Site Plan and Minor Subdivision, Ordinance regarding the Moratorium and a Resolution for the easement vacation is provided for Council review.
Tracy Galowitz, applicant, explained it would be a prairie style building, similar to the
professional buildings in Carriage Station. They simply want to keep their business in
town. They need the moratorium lifted, a minor subdivision and are asking for a variance for asphalt shingles.
DeLapp/No Second - to deny the moratorium because the City is still waiting for a master
plan to see how this building fits into the plan.
M/S/P Johnson/Johnston – to approve Ordinance 97-153, An Ordinance removing property from the restrictions of the Village Area Development Moratorium. (Motion
passed 4-1:DeLapp)
M/S/P Johnson/Johnston - to approve Resolution No. 2005-025 , approving the Section 520 Site Plan and Minor subdivision applications of Mike Lynsky/Lake Elmo Business Park Co. (Motion passed 4-1:DeLapp - They should put in a holding tank as proposed,
take 5 credits of sewer. It is a waste of their money).
M/S/P DeLapp/Smith – to approve the asphalt roofing material as the same approved asphalt shingles used on the Prairie Ridge Office Park and in the County, City Credit Union used based on the Findngs by the City Planner. (Motion passed 5-0).
Mayor Johnston opened the Public Hearing at 11:29 p.m..
There was no one to speak for or against vacating the drainage easement. Mayor Johnston closed the Public Hearing at 11:30 p.m.
M/S/P Conlin/DeLapp - to approve Resolution No. 2005-026, A Resolution Vacating
Existing Platted Drainage and Utility Easements in Brookman 3rd Addition. (Motion
passed 5-0).
C. Conditional Use Permit, Variance and Section 520 Site plan – City of
Lake Elmo
The City Planner reported the City has made application to construct an 11,000 sq.ft.
Public Works/Park Maintenance building and a 500,000 gallon water storage tank on a 20 acre site adjacent Sunfish Park. The Conditional Use Permit is to locate a Public Facility
on a PF zoned site. The variance is to the standards of the PF zone to allow standing
seam metal exterior surfacing to retain the rural image of the proposed structure.
Merle Olson said Lehart Friedrich sold 150 acres at $2,000 an acre, which at that time was much less than the going price. The City, Parks Commission voted and passed this so
a covenant was made for this land to be used only for park purposes. Olson had talked to
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 11
the Stillwater cross country ski coach who has 120 students using Sunfish Park trails and
with maintenance facility built next to the park would be opening the City up to liability
issues. Olson said his family intends to purchase this land back if not used for park
purposes. Dave Morgan said this park is everybody’s neighborhood. You don’t make water towers
look like silos. The City Administrator was wrong when he said the City was free to use
the land any way they wanted because it was not stated for park purposes only in the
deeds and was trying to sell the facility by stating the building would hold 85% for park purposes. The bond issue was for park land and it was park land for perpetuity. He said he was surprised that the Planning Commission members and some of the Parks
Commission members didn’t even know we had so many parks.
Jim Blackford said this is the wrong place for a tower and building to be placed. The Council should honor the wishes of all the people that came before us. There was a retired Supreme Court Justice, who is a Lake Elmo resident, asked the Council to honor
its commitments. He asked the Council to consider your legacy to the city. The
proposed project is inconsistent to what the City stands for.
Dick Hedquist reminded the Council it is loosing a park and you will not get it back. He thought the water tower should be located where the people are using Oakdale water.
Sue Dunn said she saw the entire presentation before the Planning Commission. She said
there is condemn land by the Lake Jane Landfill the City could look into for locating a maintenance facility. She asked that the City proceed through the process which includes the commissions and make the Council Committee meetings formal meetings that can be
cancelled.
In his letter dated March 3, 2005, Attorney Filla provided his review of all the documents which were recorded relating to Sunfish park property. Based on the information that he reviewed, it was his opinion that the City owns fee title to the Sunfish Park property. The
city is not legally restricted in its use of the Sunfish Park property provided that it is used
for a public purpose.
Administrator Rafferty stated there was an additional piece of property of 110 acres known as the West Sunfish acquisition. Some of the documents sated the land went to
Washington County and the City acquired it for $75,000.
Mayor Johnston recommended sending this item back to staff to look into other locations for a water tower. Also, ask the Parks Commission if they want to place the City parks in a land trust.
M/S/P Johnson/Conlin – to turn back to staff to determine other possible locations for the
water storage tower. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 12
Ed Nielsen said he had no problem with the landfill area for a maintenance garage. There
is also acreage owned by Ramsey County that could be explored. Jim Blackford said this
is not a commercial corridor.
M/S/P Johnson/DeLapp - to send this agenda item back to staff to look into locations in Sunfish Park as discussed for location of the maintenance garage. (Motion passed 5-0).
D. Fields of St. Croix II/Little Blue Stem – Developer Improvements
The City Planner reported staff requested direction from the Council regarding incomplete developer improvements within the Fields of St. Croix II plat, and the pending expiration of the Letter of Credit guaranteeing completion of those
improvements. The three primary areas of incomplete work are interior street island
landscaping, the Public Park located between Fields II and Tana Ridge; and buffer screen
forestation along the plat west property line. The Council directed staff to secure an extension of the Letter of Credit ($77,500), and advise the developer (Robert Engstrom Companies) to, within 30 days provided the City Council with his plans and schedule to
complete the work.
Robert Engstrom has requested an amendment to the landscape island planting plan to substitute for the prairie grass plan that was approved for those areas 5 years ago. The Planner noted it appears that the HOA has concurred in this plan, and staff also concurs
that this is a better approach than prairie grass. While no mention is made of the ball
field/soccer field improvements, work had already commenced late last year. Park
Superintendent Bouthilet directed work be suspended pending resolution of the property location of the ball field and soccer field per the plan approved by the Park Commission.
Cindy Silkworth said there is a big departure from what the plan as presented in number
of trees and landscaping that is done. Dillerud pointed out the landscape plan in the
packet is the official plan. Engstrom said the plan is very schematic. Mayor Johnston said the City can take the money and complete the plan and then bill Mr. Engstrom for the difference. Engstrom said he thought he had an agreement with the HOA Board of
Directors.
The Council asked that the staff schedule a meeting to discuss the landscape plan with Bob Engstrom, Planner Dillerud, Cindy Silkworth, President of the FoSC HOA when Planner Dillerud comes back from vacation
E. Resolution No. 2005-023:Capital Improvements Program Amendment –
Street Improvements
M/S/P Johnson/DeLapp – to adopt Resolution 2005-023, Amending the 2005-2009
Capital Improvements Program regarding staging of street overlay projects in 2005-2006.
(Motion passed 5-0).
10. CITY ATTORNEY’S REPORT: A. Sunfish Lake Park Legal – See Agenda Item 9C.
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 13
11. CITY ADMINISTRATOR’S REPORT
12. CITY COUNCIL REPORTS:
The Council adjourn the meeting at 12:13 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2005-021 Approve Claims
Resolution No. 2005-022 Worker’s Compensation
Resolution No. 2005-023 CIP Amendment for Street Improvements
Resolution No. 2005-024 St. Croix Valley Community Family Center
Resolution No. 2005-025 Section 520 Site Plan/Minor Subdivision applications of Mike Lynsky/Lake Elmo Business Park Co.
Resolution No. 2005-026 Vacating Drainage Easements
Resolution No. 2005-027-Resolution No. 2005-033 Lakewood Evangelical Church
(Postponed)
Ordinance No. 97-151 relating to dogs (Postponed)
Ordinance No. 97-152 Installation of stop sign at Intersection of Highlands Trail and
Hilltop Avenue
Ordinance No. 97-153 Amendment to Development Moratorium Lynsky